News & Publications

New York Court Of Appeals (March/April 2020)

The middle of the 2019-2020 Term of the Court featured only a handful of dispositions on civil matters, but no landmark decisions. Two opinions by Judge Stein, relating to the General Business Law and the arbitration process, do provide templates for future GBL claims and arbitration proceedings. Plavin v. Group Health Inc. March 24, 2020 Question: The United States Court of Appeals for the Third Circuit asked the Court of Appeals to decide whether Steven [...]

Agreement Isn’t Enough: The Fifth Circuit Examines Diversity Jurisdiction Sua Sponte

A recent opinion from the U.S. Court of Appeals for the Fifth Circuit serves a sharp reminder of the principle that federal courts have limited jurisdiction.  In MidCap Media Finance, L.L.C. v. Pathway Data, Inc., Judge Oldham explained that "[r]espect for the state system and the strictly circumscribed nature of federal jurisdiction requires our unflagging attention to these limits." 929 F.3d 310, 316 (5th Cir. 2019).  In that case, such unflagging attention led to the sua sponte consideration of [...]